How to choose the right family visa – fiancé(e), spouse, unmarried partner, marriage visitor visa

If you are considering joining your British or settled partner (or partners who hold certain types of pre settled status), navigating the various visa options available can be confusing. This blog outlines the differences between the UK Spouse, Fiancé(e), Unmarried Partner and Marriage Visitor visas, to assist you in determining which option suits your circumstances best.

Spouse visa

If you are married to a British citizen or someone with settled status (or certain pre-settled status) and want to live permanently in the UK, the right partner visa is the spouse/civil partner visa. For applicants applying from outside the UK, this visa holds validity for 33 months, while those applying from within the UK are granted a validity of 30 months. FollowingTop of FormFollowing thisF this, you will be able to apply to extend the visa for another 30 months. After maintaining continuous partner status for at least 60 months (excluding time spent in the UK as a fiancé(e), you can apply for indefinite leave to remain (ILR).

As of 31 May 2024, there are two Home Office fees you must pay when applying as a partner. The first is the application fee, which is £1,846 if you are applying from outside the UK, and £1,048 if applying from within the UK. The second is the Immigration Health Surcharge (IHS), which is £3,105 if you are applying from outside the UK, and £2,587.50 for applications made within the UK. Please note that the IHS fee is not applicable for Fiancé(e) visa applications; you would only need to pay the application fee.

Fiancé(e) visa

If you are planning to enter the UK to marry your UK-based partner and live here permanently, then you should apply for the fiancé(e) visa. Unlike a spouse visa, a fiancé(e) visa comes with restrictions and is valid for only six months. Within this time, you are expected to get married and switch to a spouse visa. This means the fiancé(e) route is more expensive than the spouse route. As of 31 May 2024, the initial fiancé(e) visa costs £1,846 and is valid for six months, with no Immigration Health Surcharge. After marriage, applying for leave to remain as a spouse costs £1,048, plus the Health Surcharge. Subsequently, applying for an extension involves paying the immigration fee once more, along with the Immigration Health Surcharge.

Unmarried Partner visa

This visa accommodates couples in substantial relationships without marriage. You can also apply for a UK Unmarried Partner Visa if your unmarried partner is outside the UK but intends to return with you. Previously, unmarried partners were required to demonstrate that they had lived together as a couple for at least 2 years. Now, couples only need to demonstrate that they have been together for at least two years and their relationship is similar to marriage or civil partnership. However, while the rules have become more lenient, you are still required to provide sufficient evidence of the genuineness and continuity of your relationship. Similar to the spouse route, the unmarried partner visa initially offers validity for 33 months for applicants outside the UK and 30 months for those within. After 60 months of partner leave, you qualify to apply for ILR.
The Home Office fees for this visa are the same as those for a spouse/civil partner visa set out above. You would also need to pay the Immigration Health Surcharge.

Marriage Visitor visa

If you currently reside outside the UK and have no plans for permanent residency but wish to visit for your wedding ceremony or civil partnership, applying for a marriage visit visa is necessary. This means you will need to meet all the normal rules for visitors to the UK, including the requirement to demonstrate intent to leave the UK at the end of your visit. The visa is issued for six months without the option of extension or switching to one of the other partner visas while in the UK. Holders of this visa will not be able to study or work during their stay. It is mandatory to leave the UK after the end of your UK ceremony.
As of 31 May 2024, it costs £115 to apply for a marriage visit visa.

General Requirements for all routes

For each of these options, you will need to prove that you are in a genuine and subsisting relationship with your partner and that you meet specific requirements, such as the financial requirement. The current financial threshold for a couple without children is £29,000. This is expected to incrementally increase to £38,700 by 2025. An exception to this minimum threshold applies if your partner is receiving certain benefits, such as disability living allowance or personal independence payments. In addition, you will need to show that you will have adequate accommodation in the UK and meet the English language requirement.

How BAYA Immigration can help

We offer spouse visas on a no-win, no-fee basis to give you the confidence that your application will be granted. If it’s not granted, we refund the whole of our legal fee.

If you are seeking guidance on the appropriate type of relationship visa to apply for, we encourage you to reach out to one of our specialists for a free consultation. Our team is here to provide tailored advice and support to help you navigate the visa application process effectively.

Wesal 31.05.2024